On Administrative Enforcement Of Industry And Business

Administrative enforcement is an important issue in administrative law system. Industry and Business Administrative Bureau is bound to maintain the order of market economy and supervise the market transaction behavior. In the process of administration, it is usual to carry out the administrative enforcement. In this paper, the author intends to discuss some related theories about administrative enforcement. Firstly, the author explicates general theories of administrative enforcement in the industry and business administrative domain. And then the author explicates the theoretical foundation of administrative enforcement. Secondly, the author classifies the industry and business administrative enforcement in theory, and explicates methods of the industry and business administrative enforcement. Thirdly, the author tries to exemplify the basic principles of the industry and business administrative enforcement. Fourthly, after analyzing the present situation, the author points out the practical problems in the system of industry and business administrative enforcement and then gives some suggestions on this issue. This essay consists of four chapters.The first chapter introduces general theories of administrative enforcement in the industry and business administrative domain. It shows us the concept and characteristic of industry and business administrative enforcement primary, and also its nature. In the first section, firstly it specifies the concept of industry and business administrative enforcement, and then introduces its characteristics. As to the nature of the industry and business administrative enforcement, the author regards it as a concrete administrative action. The second section introduces the theoretical foundation of the administrative enforcement. The author believes that administrative enforcement is on the basis of a theory called validity of presume-legal of administrative action. First section simply introduces the theory of the validity of presume-legal, and carries the theoretical foundation on the theory of the validity of presume-legal itself. The second section introduces the system of the theory of validity of presume-legal of administrative action, points out that theoretical foundation of the theory of administrative enforcement lies in the validity of presume-legal of the administrative action.The second chapter classifies the industry and business administrative enforcement in theory, and has an introduction about the compulsory methods. First section summarizes on the divisions of industry and business administrative enforcement. Because of the theoretical difference, scholars have many different views on the divisions of industry and business administrative enforcement. The author agrees with the present coherent argument, and is to classify the industry and business administrative enforcement into compulsory measure and compulsory execution in the industry and business administrative enforcement.The second section makes a detailed introduction on the theories related to the industry and business administrative compulsory measure. First, it shows us the compulsory measure in the industry and business administrative enforcement including: to seals up, detains, freeze, the advanced register evidence, compulsory inspect, compulsory capture and compulsory purchase. Meanwhile the author introduces present laws about the industry and business administrative compulsory measure. Then the author introduces the suitable conditions of the industry and business administrative enforcement measure including mainly: evidence condition, limited condition, legal condition and procedure condition.The third section introduces briefly the theory related to the industry and business administrative compulsory execution. First introduces general theory of the industry and business administrative compulsory execution. Then introduces compulsory methods and the present law on the industry and business administrative enforcement execution including: the administrative compulsory sale, the administrative compulsory transfer, the administrative compulsory to seize and the administrative compulsory fine. Finally, this chapter introduces the procedures of the industry and business administrative compulsory execution.The third chapter elaborates on the principles of the industry and business administrative enforcement. This chapter mainly introduces several big principles of the industry and business administrative enforcement. The first section illustrates the legal force principle. Administration according to legislation is the basic criterion in the modern government, which reflects the historic course in the transformations from ruled by peoples to the ruled by law. What the legal force principle reflects is just a basic request of the modern government by law. When the industry and business administrative Institutions force the power, they must observe the limited power, the compulsory measures which they take have to observe the legal way, the limited time and the legal procedure. The administrative measure is established by the law while the administrative institution is stipulated by the law. The administrative rule should submit to the law. When the administrative rules and regulations establish industry and Business administration enforcement, it must yield to the law which has been formulated and implemented in practice.In the second section, proportion principle is proposed. The proportion principle is called"the smallest violation principle"in the administrative jurisprudence, which refers that when exercising administrative authority, except on the premise of legal basis, the administrative authority must choose the way that violates the people smallest to carry on. The key content of the proportion principle lies in achieving the goal of protecting the citizen's benefits through restricting abuse of administrative. Taking the proportion principle as the basic principle of industry and business administrative enforcement, on the basis of legal principle, can more powerfully standardize the implementation of industry and business administration enforcement, more slightly protect the rights and interests of the citizen and improve social efficiency of administration.In the next section, the author shows us administrative responsibility and relief principle. Since the 20th century, modern administrative law believes that the relation between the government and the citizen is a kind of service and the cooperation, the administrative action is a kind of service behavior under the citizen's participation. Being a service institution, the administrative Bureau provides public services essentially. The liability of administration requires that the government should undertake responsibility of the compensation of the illegal administrative action. The administrative legal liability is one of the basic principles of Industry and Business administration enforcement, whose significance lies in keeping the Industry and Business Administrative Bureau from taking illegal mandatory action, investigating legal liability of the illegal activity, so as to safeguard the legitimate rights and interests of citizen. In order to more effectively safeguard the rights and interests of citizen, it is also essential to emphasize the relief principle. It includes relief in the process and after the mandatory action.The forth section presents principle of due process. Principle of due process originates from The Britain, flourished in the United States, later it became a constitutional principle. It is closely linked with the natural justice in Britain. The value on principle of due process is to emphasize its fairness in the process, guarantee a fair come true. The principle is also the basic principles of administrative principle. Proper administrative course provide an important protection of personal liberty, which is the core of modern administrative request. It plays an extremely significant practical significance in control administrative authority, especially administrative enforce.The forth chapter makes some study on the present situation of industry and business administrative enforcement. First the author points out practical problems on present, such as legislation insufficiency on the administrative compulsory measure, a lack of legal safeguard in the assisting implementation , impediment of applying for the court, weak procedure consciousness on the administration, insufficiently research on the theory of the administrative enforcement, etc. Then in view of many problems of the industry and business administrative enforcement, and based on the guiding thoughts which is advantageous to realizing administrative goal, improving the efficiency and quality of administration, standardizing administrative enforcement, and better protecting the legal rights and interests of citizens, corporation and other units, the author proposes some of his own views at the same time.